CONTENTS
- 1. The Client Who Came to a Busan Sex Crime Attorney
- 2. The Charges Against the Busan Sex Crime Attorney's Client
- 3. Busan Sexual Offense Attorney's Defense of the Client
- - First-Instance Judgment for the Busan Sexual Offense Attorney's Client
- - The Busan Sexual Offense Attorney's Defense Against the Prosecution's Appeal for the Client
- 4. Appellate Judgment for the Busan Sexual Offense Attorney's Client
1. The Client Who Came to a Busan Sex Crime Attorney
This is the story of the client who came to a Busan sex crime attorney.
While browsing the internet, the client came to view child sexual exploitation material, and the client, who was usually short of money, came to have an improper idea.
The client posted on social media to the effect that he was selling the sexual exploitation material, and sold a total of 150 pieces of child sexual exploitation material.
When this was discovered, the client was indicted on charges of producing, distributing, and possessing child sexual exploitation material, leading to this case.
2. The Charges Against the Busan Sex Crime Attorney's Client
The charges against the Busan sex crime attorney's client were producing, distributing, and possessing 🔗child sexual exploitation material, and these charges are subject to the Act on the Protection of Children and Youth against Sexual Abuse, resulting in the following punishment.
Act on the Protection of Children and Youth against Sexual Abuse Article 11 (Production and Distribution, etc. of Child or Youth Sexual Exploitation Material)
② A person who, for profit, sells, lends, distributes, or provides child or youth sexual exploitation material, or who, for such purpose, possesses, transports, advertises, introduces, or publicly displays or screens it, shall be punished by imprisonment for a definite term of at least 5 years.
⑤ A person who purchases child or youth sexual exploitation material, or who possesses or views it knowing that it is child or youth sexual exploitation material, shall be punished by imprisonment for a definite term of at least 1 year.
3. Busan Sexual Offense Attorney's Defense of the Client
The Busan sexual offense attorney defended the client as follows.
The Busan sexual offense attorney's client admitted to all of the charges.
The client, however, had come across child sexual exploitation material by chance and downloaded only some of it, and he did not act for the purpose of selling it.
As his family circumstances grew difficult, he did briefly sell that material, but he repented of his wrongdoing and stopped on his own.
The period during which the client sold the material was only 10 days, and the proceeds were not large, amounting to about 100,000 won.
The client afterward showed remorse for his wrongdoing and completed psychological education for the prevention of sexual offenses, among other measures.
The Busan sexual offense attorney's client came to understand the value of working honestly and earning money.
All the more, he is deeply remorseful for the offense in this case and deeply regrets and repents that he caused secondary harm to the victims.
First-Instance Judgment for the Busan Sexual Offense Attorney's Client
With the Busan sexual offense attorney's defense, the client received a suspended sentence at the first instance.
The prosecution, however, appealed, arguing that the court of first instance had imposed a sentence below the lower limit of the recommended range,
citing as its main reasons that the client had sold and distributed 150 items of child sexual exploitation material, that the victims' identities had merely not been confirmed but the victims would seek severe punishment, and that severe punishment was necessary to eradicate digital sexual offenses.
The Busan Sexual Offense Attorney's Defense Against the Prosecution's Appeal for the Client
The Busan sexual offense attorney proceeded as follows to defend against the prosecution's appeal in the client's case.
The purpose of punishment also lies in rehabilitation and improvement. Doubt remains as to whether imposing severe punishment necessarily has an effect in preventing crime.
After the first-instance judgment, the Busan sexual offense attorney's client, out of genuine remorse for the offense in this case, has been performing volunteer work and seeks to become a mature member of society.
The first-instance court's judgment on the client was a conclusion reached through careful deliberation on the purpose of punishment, and it is an appropriate sentence.
We respectfully ask that the prosecution's appeal be dismissed so that the client may continue to live diligently as he does now.
4. Appellate Judgment for the Busan Sexual Offense Attorney's Client
After hearing the Busan sexual offense attorney's argument, the appellate court issued the following judgment.
The prosecutor's appeal is dismissed.
The client was at risk of having the suspended sentence reversed and receiving a term of imprisonment due to the prosecutor's appeal, but with the assistance of the Busan sexual offense attorney he was able to avoid that risk.
Even when a desired result is obtained at the first instance, as in this case with the client, the level of punishment can become more severe due to an appeal by the prosecution or others,
In such cases, consulting an attorney with broad experience in such matters can be helpful.
If you are facing difficulty after becoming involved in a sexual offense case, please consult us about your matter now.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
